Terms Of Use
Updated: August 29, 2022
This document contains the Terms of Use (TOU) for Stretch Your Horse Coach which
contains all Stretch Your Horse educational videos and other information (hereinafter
“videos and information”), is by and between you (hereinafter “Purchaser”) and Holistic
Horse Bodyworks, LLC, Stretch Your Horse, LLC, StretchYourHorse.myshopify.com and
Stretch Your Horse.com, the owner, (hereinafter “SYH.”) By purchasing the SYH
videos, Purchaser acknowledges they have read, understood, agree and consent to be
bound by these TOU. If Purchaser does not agree and consent to be bound by these
TOU, Purchaser should not purchase the videos.
Legal Disclaimer: SYH videos and information is not intended as medical/veterinary
advice. SYH videos and information is intended for educational purposes only and is in
no way intended to diagnose, cure, or treat any medical/veterinary or other equine
health condition. SYH videos and information does not constitute medical/veterinary
advice and is not intended to be and should/shall not be used in place of advice from
your veterinarian or other animal health care provider. Before starting any stretching
program, consult your veterinarian or other animal health care provider to determine if
such a program is right for your horse’s needs. SYH makes no representations or
warranties regarding any of the information offered in SYH videos and information,
assumes no liability and will be not be liable for any direct, indirect, consequential,
special, exemplary or other losses or damages that may result from usage of the
information contained in SYH videos and information. Reliance on any and all
information contained in SYH videos and information is strictly at your own risk. If your
horse is having any health care related issue(s), contact your veterinarian immediately.
Sales Are Final After The 60 Day Money Back Guarantee Period Has Ended: All purchases of SYH videos and information are final upon expiration of the 60 day money
back guarantee period. No returns or refunds of the purchase price or any part thereof shall be given after expiration of the 60 calendar day money back guarantee period which begins on the date of purchase and ends at midnight Pacific time on the 60th calendar day after the purchase date.
Liability Limitation: Purchaser understands horses and equine-related activities are
inherently dangerous and expressly assumes all risks associated with handling and
stretching horses and selecting, testing and using girths or cinches. Purchaser
understands horses are unpredictable, potentially dangerous, and may bite, nip, kick,
step on, trample, spook, bolt, rear, buck, pull back or otherwise act in such a way that
may injure Purchaser or others.
Purchaser knowingly assumes all risks in connection therewith and expressly waives and
releases any and all claims against SYH and all individual members thereof (including
owner, employees, agents and/or independent third parties, and their heirs, agents,
successors and assigns) for bodily injury, illness, disease, or death to Purchaser or
anyone assisting Purchaser, and to Purchaser’s horse, the horse the Purchaser is
attempting to stretch whether or not Purchaser owns said horse, other animals, as well
as any property damage sustained in association with the use of SYH videos and
information. Under no circumstances shall SYH be held liable under any provision of
these TOU and/or for any information contained in SYH videos and information,
including but not limited to SYH videos, for any direct, consequential, special,
exemplary or indirect damages.
Exclusion of Warranties: SYH expressly disclaims all warranties including all implied
warranties, including, but not limited to, implied warranties of accuracy,
merchantability, and fitness for a particular purpose. SYH is not responsible for any
error, delay or interruption regarding accessing or playing SYH videos and information.
SYH makes no guarantee, representation or warranty regarding the timeliness,
reliability, accuracy, completeness or usefulness of any portion of the SYH videos and
information.
Waiver of Unknown Claims: Purchaser waives any right they might otherwise have
with regard to unknown claims. For purposes of this section, “claims” shall include all
actions, claims, grievances, whether actual or potential, known or unknown, and
specifically though not exclusively all claims arising in connection with these TOU and
SYH videos and information.
License: Upon purchase of SYH videos and information, SYH grants Purchaser a
limited, non-exclusive, personal and non-transferable license to use SYH videos and
information either by watching SYH videos directly from their Shopify account and/or by
using the one time download and watching SYH videos from the device to which they
were downloaded solely for Purchaser’s own personal, non-commercial purposes.
Purchaser may not, under any circumstances, loan, give, sell, allow a non-Purchaser to
view or otherwise transfer or record SYH videos and other information to any other
person or commercial entity without prior express written consent of SYH. SYH videos
and other information, including but not limited to SYH videos, are the property of SYH
and are protected by applicable intellectual property laws.
Purchaser expressly agrees not to modify, adapt, alter, translate or create derivative
works of the SYH videos (including any attempt to create a database by systemically
downloading and storing the SYH videos and other information or to use any device or
software to retrieve or “data mine” SYH videos and information) without our prior
written consent from the owner of SYH. No part of the SYH videos and other
information, including but not limited to, SYH videos, shall be used as a template,
model or reference for writing or updating another commercial or non-commercial
product.
Indemnification: Purchaser agrees to defend, indemnify and hold harmless SYH and
its affiliates, officers, directors, employees, agents and licensors from and against all
claims, actions, liabilities, losses, expenses, damages and costs (including reasonable
attorney fees) arising out of or related to Purchaser’s use of SYH videos and information
and/or any violation of these TOU.
Trademarks and Service Marks: Any logo, trademark, service mark, domain name,
or trade name in SYH, whether registered or not, are the property of SYH and may not
be used by Purchaser without express written permission. All images and information
contained in SYH videos and information including the name “Stretch Your Horse,”
“Stretch Your Horse Coach” and the rounded square two horses within a circle logo and
the StretchYourHorse.com logo are the sole property of SYH Copyright 2014. All rights
reserved.
Governing Law: Purchaser agrees these TOU shall be construed in accordance with
the laws of the State of Oregon, USA without regard to its conflict of law provisions.
Any claim or dispute arising out of or in connection with Purchaser’s use of SYH videos
and information shall be brought exclusively in the courts of the State of Oregon, USA.
Modifications: These TOU may be revised and/or modified from time to time and are
effective immediately upon publishing on the Stretch Your Horse webpage and/or
Shopify site. Purchaser’s use of SYH videos and information after such revisions and/or
modifications are published shall signify acceptance and agreement with the revised
TOU.
Severability: If any term, clause or provision contained in these TOU is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the
validity or operation of any other term, clause or provision which can be given effect
without the invalid provision, and such invalid term, clause or provision shall be deemed
severed from these TOU. In lieu thereof, there shall be added a provision as similar in
terms to such illegal, invalid or unenforceable provision as may be possible and legal,
valid and enforceable.